Tuesday, February 12, 2019
The High Court in Kitui has today justified the CEC Treasury Mary Nguli in a ruling where a Preliminary Objection filed by the Kitui County Assembly seeking a dismissal of the Constitutional Petition filed by the CEC on matters of jurisdiction has been dismissed with costs.
The dismissal ruling has attracted costs in favour of the CEC pending assesment by the parties.
The Court – in a verdict read by Justice Lillian Mutende – also extended the interim orders to the 25th day of February 2019.
Today’s ruling comes as a relief to the CEC whose unprocedural impeachment begins to lose grip ahead of the February 25th second phase hearing.
The argument by the respondent that the High Court has no powers to listen to the dispute citing the employee – employer relations (seeking to transfer the case to a labour court) has also been dismissed.
In many cases, the High Court has before delivered judgements that sent a message to MCAs to exercise their powers responsibly which they have been wielding with relish to impeach governors and even members of the county executive committees -but in vain.
Most inquiries on CEC impeachments have been labelled unconstitutional, arbitrary, pre-determined and actuated by malice, self-interest and improper motive in the country since the inception of devolved governments.